DMCA & Copyright Policy

1. OVERVIEW

1.1 Purpose

Midnight Logic, Inc. ("Company," "we," "us") respects intellectual property rights and expects all users of the bartendersNow™ platform to do the same. This DMCA & Copyright Policy explains how we handle copyright complaints and protect both content creators and our community.

1.2 DMCA Safe Harbor Compliance

bartendersNow™ operates as a service provider under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512. We have implemented procedures to respond to notices of alleged copyright infringement and to remove or disable access to infringing material.

1.3 Scope

This Policy applies to all user-generated content on the bartendersNow™ platform, including but not limited to:

• Profile photos and images
• Bio and description text
• Portfolio content and work samples
• Reviews and feedback
• Messages and communications
• Uploaded documents and certificates

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Child Safety & Exploitation Fast-Path Reporting

If you encounter any content on the Platform that depicts, suggests, or relates to child sexual abuse, exploitation, or endangerment, report it immediately using our in-app Child Safety report option or by emailing safety@bartendersnow.com with the subject line "URGENT: CHILD SAFETY REPORT".

Child safety reports bypass standard moderation queues, trigger immediate content quarantine and public URL revocation, and are escalated directly to our Compliance Officer for reporting to the National Center for Missing & Exploited Children (NCMEC) pursuant to 18 U.S.C. § 2258A. Do not use standard copyright DMCA notice channels for child safety emergencies.

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2. USER-GENERATED CONTENT TYPES

2.1 Profile Content

Users create and upload content to represent themselves on our platform:

• Profile photos and headshots: Images representing your professional identity
• Bio and descriptions: Text describing your experience, services, or event needs
• Portfolio images: Photos showcasing your work or past events
• Credentials: Certificates, licenses, and professional documentation

2.2 Communication Content

Platform interactions generate various content:

• Messages: Correspondence between Hosts and Bartenders
• Event coordination materials: Shared documents, images, and planning information
• Files and attachments: Documents exchanged through the platform

2.3 Review and Rating Content

Feedback shared on the platform:

• Written reviews: Text descriptions of service experiences
• Responses: Replies to reviews by the reviewed party
• Embedded media: Photos or images included in reviews

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3. COPYRIGHT OWNERSHIP

3.1 Your Content

You retain ownership of the content you create and upload to bartendersNow™. By submitting content, you represent that:

• You own the content or have the right to share it
• The content does not infringe any third party's intellectual property rights
• You have obtained all necessary permissions for content featuring other individuals

3.2 License Grant to Platform

By uploading content to bartendersNow™, you grant us a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute your content in connection with operating and promoting the platform, as described in our Terms of Service.

3.3 Third-Party Content Prohibition

Do not upload content you do not have the right to share:

• Photos taken by others without permission
• Copyrighted images from the internet
• Content from other users without authorization
• Protected logos, designs, or branded materials

Unauthorized use of third-party content may result in account suspension or termination.

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4. DMCA TAKEDOWN PROCEDURE

4.1 Filing a DMCA Notice

If you believe content on bartendersNow™ infringes your copyright, you may submit a DMCA takedown notice. Your notice must include all of the following elements to be effective:

1. Signature: Physical or electronic signature of the copyright owner or authorized agent

2. Identification of copyrighted work: Description of the copyrighted work you claim has been infringed (or, if multiple works, a representative list)

3. Identification of infringing material: Specific identification of the material you claim is infringing and information reasonably sufficient to locate it on our platform (URLs, usernames, descriptions)

4. Contact information: Your address, telephone number, and email address

5. Good faith statement: A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law

6. Accuracy statement: A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner

4.2 Where to Submit

Designated Copyright Agent:

Midnight Logic, Inc. Attn: Copyright Agent 650 Nuttman St, Ste 114 Santa Clara, CA 95054

Email: copyright@bartendersnow.com

Subject Line: DMCA Notice - Brief Description

4.3 Platform Response

Upon receipt of a valid DMCA notice:

Our process:

1. Review the notice for completeness and validity
2. Remove or disable access to the allegedly infringing material
3. Notify the user who posted the content
4. Provide information about counter-notification rights
5. Document the action taken

4.4 How We Handle the Information in Your Notice

Why we collect it. Federal law (17 U.S.C. § 512(c)(3)(A)) requires a valid DMCA notice to include your name, address, telephone number, email address, signature, and specific statements. We collect this information so that we can evaluate and act on your notice, and we cannot process a notice that leaves it out.

What we share with the reported user. When we act on your notice, we tell the user who posted the content that a third-party copyright notice was received, which material was affected, the work that was claimed, and the action we took. We do not share your telephone number or postal address with the reported user at this stage.

When your identity may be disclosed. If the reported user files a counter-notification, the DMCA (17 U.S.C. § 512(g)(2)(B)) requires us to forward a complete copy of that counter-notification — including the reported user's contact information and consent to federal-court jurisdiction — to you, and to give you the opportunity to file a court action. If you pursue a court action, your identity and the reported user's identity are exchanged through the litigation process. This is the lawful channel through which the parties' identities are shared; we do not disclose them outside of it.

How long we keep your notice. We retain your notice and your contact information for three years after the matter is finally resolved, after which we redact your contact information and keep only a de-identified record. Strikes issued under our repeat-infringer policy (Section 6) do not expire while an account remains open. Our Privacy Policy (Sections 2.4 and 5.1) describes this in more detail.

Your privacy rights. If you are a California resident, you have privacy rights over the personal information in your notice, described in Section 12 of our Privacy Policy, even if you do not have a bartendersNow™ account. Because we are required by law to keep these records and may need them to establish, exercise, or defend legal claims, we generally cannot delete the information in a copyright notice on request; if you ask us to delete it, we will explain in writing which information we are keeping and why.

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5. COUNTER-NOTIFICATION PROCEDURE

5.1 Right to Counter-Notify

If you believe your content was removed in error or that you have authorization to use the material, you may submit a counter-notification.

IMPORTANT: Filing a counter-notification is a legal action. False statements may result in liability. Consider consulting an attorney before submitting a counter-notification.

5.2 Counter-Notification Requirements

Your counter-notification must include all of the following:

1. Signature: Physical or electronic signature

2. Identification of removed material: Description of the material that was removed and the location where it appeared before removal

3. Perjury statement: A statement under penalty of perjury that you have a good faith belief the material was removed as a result of mistake or misidentification

4. Contact information: Your name, address, and telephone number

5. Consent to jurisdiction: A statement consenting to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if outside the United States, the Northern District of California)

6. Acceptance of service: A statement that you will accept service of process from the person who provided the original DMCA notice or their agent

Privacy warning — read this before you file. A counter-notification must contain your name, address, and telephone number, and the DMCA (17 U.S.C. § 512(g)(2)(B)) requires us to send a complete copy of your counter-notification to the person who filed the copyright complaint against you. That includes your home address and telephone number, and we cannot redact them — the law does not let us. If you do not want your home address and telephone number disclosed to the complaining party, do not file a counter-notification. If you believe your content was removed in error but have concerns about disclosing your contact information, email appeals@bartendersnow.com first to discuss your options.

5.3 Platform Response to Counter-Notice

Upon receipt of a valid counter-notification:

1. Acknowledgment: Within 2 business days
2. Forward to complainant: We provide a copy to the original complainant
3. Waiting period: The complainant has not less than 10 nor more than 14 business days to file a court action
4. Content restoration: If no court action is filed, we restore the content within 14 business days of receiving the counter-notification
5. User notification: We inform you when content is restored

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6. REPEAT INFRINGER POLICY

6.1 Definition of Repeat Infringer

A "repeat infringer" is a user who has been the subject of more than one valid DMCA notice or has repeatedly uploaded infringing content.

6.2 Warning and Termination Procedure

Factors considered:

• Nature and scope of infringement
• Whether infringement was willful or inadvertent
• User's response to previous warnings
• Impact on copyright owners

6.3 Appeal Process

You may appeal a strike or account action within 14 days by emailing appeals@bartendersnow.com with:

• Your account information
• The DMCA notice involved
• Explanation of why the action was incorrect
• Any supporting documentation

Appeals are reviewed within 14 business days.

6.4 Reinstatement Criteria

Terminated accounts may apply for reinstatement after 12 months if:

• All infringing content has been addressed
• User demonstrates understanding of copyright obligations
• User agrees to enhanced monitoring of uploads
• No outstanding legal claims exist

Reinstatement is at our sole discretion.

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7. MISREPRESENTATION WARNING

IMPORTANT LEGAL NOTICE:

Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents:

• That material is infringing, or
• That material was removed by mistake or misidentification

may be liable for damages, including costs and attorneys' fees incurred by the alleged infringer, the copyright owner, or the service provider.

Before submitting a DMCA notice or counter-notification:

• Ensure you have a good faith basis for your claims
• Consider whether fair use may apply
• Consult with an attorney if uncertain

bartendersNow™ reserves the right to seek damages from parties who submit false or misleading DMCA notices.

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8. TRADEMARK CONCERNS

8.1 Trademark vs. Copyright

This Policy addresses copyright concerns. Trademarks (brand names, logos, slogans) are governed by different laws.

Copyright protects: Original creative works (photos, text, artwork) Trademark protects: Brand identifiers (logos, business names, slogans)

8.2 Reporting Trademark Issues

If you believe content on bartendersNow™ infringes your trademark:

Email: legal@bartendersnow.com Subject: Trademark Concern - Brief Description

Include:

• Your trademark registration information (if registered)
• Description of the allegedly infringing use
• Location of the content on our platform
• Explanation of likelihood of confusion
• Your contact information

8.3 Platform Response

We review trademark concerns on a case-by-case basis. Unlike DMCA notices, there is no statutory framework requiring specific timelines. We will:

• Acknowledge receipt within 5 business days
• Investigate the claim
• Take appropriate action based on our findings
• Communicate our decision to both parties

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9. BARTENDERSNOW™ INTELLECTUAL PROPERTY

9.1 Platform Ownership

bartendersNow™, The Stock List, Smart Staffing Calculator, and related platform features are proprietary to Midnight Logic, Inc. Users may not:

• Copy or reproduce platform features or functionality
• Use our trademarks without authorization
• Reverse engineer platform algorithms
• Claim ownership of platform-generated content or calculations

9.2 Reporting Unauthorized Use

If you encounter unauthorized use of bartendersNow™ intellectual property, please report it to legal@bartendersnow.com.

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10. CONTACT INFORMATION

Copyright Agent

Designated Agent for DMCA Notices:

Midnight Logic, Inc. Attn: Copyright Agent 650 Nuttman St, Ste 114 Santa Clara, CA 95054

Email: copyright@bartendersnow.com Phone: (888) 548-9469

Other Contacts

General Legal Inquiries: Email: legal@bartendersnow.com

Appeals: Email: appeals@bartendersnow.com

General Support: Email: support@bartendersnow.com

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11. POLICY UPDATES

We may update this DMCA & Copyright Policy to reflect changes in law, best practices, or platform operations. Material changes will be communicated through:

• Platform announcements
• Email notifications
• Updated effective date on this document

Continued use of the platform after updates constitutes acceptance of the revised Policy.

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This DMCA & Copyright Policy reflects our commitment to respecting intellectual property rights while providing a fair process for all parties. We encourage users to create and share original content and to respect the creative works of others.